Informal Opinion No.

Joseph D. Cerreto, Esq. Deputy Town Attorney, Carmel

You have asked whether members of the town's environmental conservation board and the town's wetlands inspector are subject to the residency requirements of section 3 of the Public Officers Law.

Section 3 establishes qualifications for holding public office and provides, in the case of a local office, that a person is ineligible to hold the office unless he is a resident of the locality. Also, he must remain a resident throughout his term of office (id., § 30).

The question is whether the positions under consideration are public offices…